As a member of the firm’s Products, Catastrophic and Industrial Litigation Group, Lem focuses on product liability law, energy law and energy litigation, personal injury defense, toxic torts, and governmental and municipal liability.

Biography – View PDF Bio

Narrative Bio

Lem has defended regional, national, and international corporate clients in cases involving product liability, catastrophic personal injury and industrial accidents, energy litigation, environmental loss and exposure, and commercial claims. He has represented clients in the oil and gas, industrial machinery, aviation and aircraft, recreational vehicle, firearm, and automobile industries in litigation across the U.S. Including in state and federal courts in Washington, New Mexico, Texas, Louisiana, Arkansas, Mississippi, Tennessee, Alabama, Georgia, and South Carolina.

Lem has wide-ranging experience defending product liability cases in in the areas of all-terrain vehicles, firearms, industrial machinery, chemicals, aviation products, and some pharmaceutical products and medical devices.

In addition to product liability litigation and catastrophic incident litigation, Lem routinely represents private correctional institutions and local governments and municipalities in matters involving Constitutional rights. He also represents private energy corporations and insurance companies in commercial litigation and personal injury cases.

He is recognized for his expertise by a variety of publications, including Best Lawyers in America®, Martindale-Hubbell® and Super Lawyers®. He is active in a number of organizations, including Defense Research Institute (DRI), Mississippi Bar, Mississippi Defense Lawyers Association, Product Liability Advisory Council (PLAC) and International Association of Defense Counsel (IADC), among others.

Lem obtained both his J.D., magna cum laude and a B.B.A. in Insurance and Risk Management from University of Mississippi. He is admitted to practice in Mississippi.

Associations

Bar Admissions

  • Mississippi, 2002
  • U.S. District Courts
    • Mississippi: Northern, Southern
  • U.S. Court of Appeals
    • 5th Circuit

Distinctions

  • Best Lawyers in America®
    • Commercial Litigation, 2020-2022
    • Personal Injury Litigation – Defendants, 2021-2022
    • Product Liability Litigation – Defendants, 2019-2022
  • 2016 PORTICO 10
  • Martindale-Hubbell®
    • AV®– PreeminentPeer Review Rated
  • Super Lawyers®
    • Mid-South Super Lawyers, Personal Injury – Products: Defense, 2014-2018
    • Mid-South Rising Stars, Personal Injury – Products: Defense, 2009-2013

Education & Honors

  • University of Mississippi, J.D., magna cum laude, 2002
    • Member, Mississippi Law Journal
    • Member, Journal of National Security Law
    • Moot Court Board
    • Phi Kappa Phi
  • University of Mississippi, B.B.A., Insurance and Risk Management, 1998

Experience

  • Industrial Accident and Oil and Gas/Energy
  • Obtained summary judgment for industrial burner and boiler service company in litigation arising from rubber recycling plant explosion resulting in nineteen burn injury claims (six fatalities). In Re Rouse Polymerics International Litigation, Circuit Court of Warren County, Mississippi (Co-Lead Counsel)
  • Represented oil and gas refinery in burn injury lawsuit by contract hauler alleging hot asphalt expelled from refinery equipment causing second and third degree burns to plaintiff’s head, neck and shoulders. Lonnie Tibbs v. Ergon Refining, Circuit Court of Warren County, Mississippi (Lead Counsel)
  • Represented corporate defendants in multiple burn injury lawsuits arising from an industrial flash fire accident at a recycling plant in Canada in which plaintiffs suffered second and third degree burns when reactor flashed during a sales demonstration. Leighton Harvey et al. v. Ecolomondo Technologies, Inc. et al., U.S. District Court for the Eastern District of Louisiana
  • Represented recycling plant in multiple burn injury lawsuits arising from an industrial flash fire accident at a recycling plant in Canada.  Plaintiffs suffered second and third degree burns when reactor flashed during a sales demonstration.
  • Represented oil and gas refinery in burn injury lawsuit by contract hauler alleging hot asphalt expelled from refinery equipment causing second and third degree burns to plaintiff’s head, neck and shoulders.  
  • Represented corporate owner and operator of natural gas refinery against lawsuit by thirty-eight (38) plaintiffs alleging the defendants operated oil wells, gas wells, gas treatment facilities, petroleum production facilities and/or petroleum production disposal facilities and that they have in the past disposed of oilfield waste near the plaintiffs’ homes.  Plaintiffs alleged the defendants failed to exercise reasonable care and act as prudent operators, and as a proximate result, hydrogen sulfide periodically escaped from one or more of the defendants’ facilities onto the plaintiffs’ properties causing them to suffer personal injuries.    
  • Represented oil and gas board regulatory action and related lawsuit by 21 residents of Jasper County, Mississippi alleging emissions from defendant’s oil well and related tank battery migrated to the plaintiffs’ property causing personal injury and property damage.   
  • Represented corporate owner and operator of natural gas treatment plant against civil claim filed by vacuum truck driver for alleged personal injuries arising from exposure to hydrogen sulfide gas. 
  • More...

Papers, Presentations, & Publications

  • ​Author, “Drone Law and Drone Regulation: A Primer,” MDLA Quarterly, Mississippi Defense Lawyers Association, Spring 2017.
  • Author, “Drone Law and Drone Regulation: A Primer,” IADC Corporate Counsel, October 2016.
  • Author, "Why Expansion of Commerce and Trade Does Not Expand the Reach of the Courts: In Personam Jurisdiction and Stream-of-Commerce Theory", For The Defense, November 2011.
  • Author, "Rules Update: Changes to Federal Rule 26 Regarding Expert Disclosures and Communications With Retained and Non-Retained Expert Witnesses," MDLA Quarterly, Mississippi Defense Lawyers Association, Spring 2011. 
  • Author, "Consistency in the Courts: Settled Law and Recent Updates on Judicial Estoppel and Election of Remedies," MDLA Quarterly, Mississippi Defense Lawyers Association, Winter 2010.
  • Author, "Chapter 12: Strategies for Co-Defending Product Actions," Current Law, Strategies and Best Practices in Product Litigation, (Practicing Law Institute, 2009).
  • Author, "Title X: Appellate Review of Federal Trial Court Remand Orders," Getting out of Dodge, Removal to Federal Court: A Defendant’s Guide, (Product Liability Advisory Council, 2003).
  • Speaker, "Product Liability Fundamentals," 2010 Harmonie Group/Canadian Litigation Council Joint Product Liability Seminar, Toronto, Canada.